REPORT TO THE CITY COUNCIL FROM: SCOTT L. MOZIER, PE, Director Public Works Department BY: JILL M. GORMLEY, TE, Assistant Director Public Works Department, Traffic & Engineering Services Division JASON A. CAMIT, PLS, Chief Surveyor Public Works Department, Engineering Services Division SUBJECT ..Title Actions pertaining to the summary vacation of a portion of the public utility easement on the west side of North Camarillo Drive, north of East Balboa Drive (Council District 6) 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/Class 1 and Section 15305/Class 5 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. P26-00940 2. RESOLUTION - Approving the summary vacation of a portion of the public utility easement on the west side of North Camarillo Drive, north of East Balboa Drive ..Body RECOMMENDATIONS Staff recommends the Council adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301/Class 1 and Section 15305/Class 5 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. P26-00940; and adopt a resolution approving the summary vacation of a portion of the public utility easement on the west side of North Camarillo Drive, north of East Balboa Drive, as described in Exhibit "A" and as shown on Exhibit "B" of the attached resolution. EXECUTIVE SUMMARY Jason M. Hannold and Ashley Hannold are requesting the vacation of a portion of the public utility easement on the west side of North Camarillo Drive, north of East Balboa Drive. The purpose of the vacation is to eliminate the excess portion of a public utility easement located behind a fence and to accommodate the minor addition to a residential dwelling. BACKGROUND The proposed vacation is needed to eliminate the excess portion of a public utility easement behind a fence and to accommodate the minor addition to a residential dwelling. Said public utility easement was granted to the City of Fresno by Tract No. 3996 recorded on December 19, 1989, in Book 49 of Plats, at Pages 80, 81 and 82, Fresno County Records. The Public Works Department, other City Departments and utility agencies have reviewed this proposal and determined that the public utility right-of-way proposed for vacation is unnecessary for present or prospective public purposes. The provisions of Chapter 4, commencing with Section 8330 of the California Streets and Highways Code, authorize the Council to summarily vacate public service easements that have been determined to be excess by the easement holder. Under these provisions, only one Council action is necessary, and a published notice, posting and public hearing are not required. The City Attorney's Office has approved the attached resolution as to form. The vacation, if approved by the Council, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined this project is exempt under Section 15301/Class 1 and Section 15305/Class 5 of the CEQA Guidelines, which exempt projects involving a negligible or no expansion of an existing facility, or there will not be any changes in the land use or density. Class 1 (Existing Facilities) of the CEQA Guidelines consists of, but is not limited to, the operation, repair, or minor alteration of existing public or private structures. Additions to existing structures must be less than 50 percent of the floor area of the structure before the addition, or 2,500 square feet, whichever is less. The key consideration when applying for a Class 1 exemption is whether the project involves negligible or no expansion of use. Class 5 (Minor Alterations of Land Use Operations) of the CEQA Guidelines exempts from the provisions of CEQA projects that consist of minor alterations in land use limitations in areas with an average slope of less than 20% and do not result in any changes in land use or density. The issuance of a minor encroachment permit is identified in the CEQA guidelines as an acceptable application of the Class 5 exemption. The subject property is currently improved as a single-unit residence, located along a local road and is currently served by all necessary utilities and public services. The proposed vacation of the public utility easement along North Camarillo Drive meets the criteria noted above. The proposed expansion of the existing structure is minor and will not result in any changes to land use or density. Furthermore, a vacation feasibility study was completed, and the findings indicate that the proposal is reasonable. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a significant or cumulative effect on the environment. The project is not located on a hazardous waste site, a historical resource, or adjacent to a scenic highway. A categorical exemption, as noted above, has therefore been prepared for the project. LOCAL PREFERENCE Local preference does not apply because the vacation of public right-of-way does not involve bidding or contracting. FISCAL IMPACT There will be no City funds involved with this vacation located in Council District 6. Jason M. Hannold and Ashley Hannold have paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachments: Environmental Assessment P26-00940 Resolution Vicinity Map Location Map Levine Act PWF# 13680